Hello again! We want to keep you updated in the world of Michigan's No-Fault auto insurance law. Please feel free to contact us with any questions you may have. We do not charge for initial consultations or to answer basic No-Fault questions.

On October 29th, Miller & Tischler hosted a seminar on catastrophic loss issues under the No-Fault law. We focused on case management, barrier free home and van modifications, and attendant care issues. Rather than a mere legal update, we discussed common problems in these areas, potential strategies and solutions. The seminar was very well attended and we hope you found it to be entertaining and educational.

The seminar was approved for 3.5 CEU credit hours. If you were unable to retrieve your certificate of attendance, please contact dmcmillen@msapc.net for information.

Legal Decisions and Verdicts

RONNI TISCHLER WINS A NO-FAULT TRIAL!

We are pleased to report that Ronni Tischler recently won a jury trial involving complex issues of medical causation in a No-Fault PIP case. Ronni represented a provider of brain injury rehabilitation services, which had incurred over $100,000 in charges.

The patient was injured in a motorcycle/motor vehicle accident. The injury was described as a common mild TBI. However, the injured gentleman had a history of chronic alcoholism peppered with long periods of sobriety. Significantly, the injured man was able to work 60 hours per week prior to the accident, but afterwards could not perform the tasks of his employment as a baker and business owner. The insurer's expert neuropsychologist opined that the patient should have recovered within a few months from any such mild traumatic brain injury. Unfortunately, even though the injured man continued to drink, he exhibited new and different problems that seemed completely unrelated to his alcohol use.

The jury agreed and after a trial that lasted four days delivered a verdict favorable to our client, the rehabilitation service provider. The insurer has decided not to appeal, so the verdict is final. In addition, the rehabilitation provider will recover No-Fault penalty interest, judgment interest, and some of its attorney fees and costs due to the No-Fault insurer's rejection of the case evaluation award, which likely will double the amount ultimately recovered.

ELECTION RESULTS

The election of November 2, 2010 dramatically changed the dynamics of state government. As of January 1, 2010, Republicans will control the state House, Senate, and Governorship. Most importantly, to those affected by Michigan's No-Fault law, the current 4-3 Democratic majority will change to a 4-3 Republican majority. This will certainly have major implications for our rights under the No-Fault law.

WILCOX AND THE GRIFFITH DOCTRINE

As a sign of things to come, on November 9, the Supreme Court reversed its order granting leave on the case of Wilcox v State Farm. Wilcox was to have reconsidered the Griffith doctrine that has caused so much confusion in the area of barrier free home and handicapp van modifications, among others. What is surprising is that the Court remains a 4-3 Democratic majority until January. What caused the Democrats to abandon their effort to revise Griffith? The answer cannot be known, however, there are a number of significant decisions from the last 2 years that are now in jeopardy (McCormick, Regents, Scott, etc). Additionally, there are other areas of the No-Fault law which may be subject to review and revision by the new majority. We will of course be watching developments and report them to you.

Attorneys for injured people often seek to take fees from their client's service providers in No-Fault cases. It has long been our advice that service providers must inform attorneys for their patients that the provider declines the help of the attorney as to No-Fault collections. The failure to give the attorney such notice, may result in the attorney being able to assert a lien to secure payment of their fee. To address this issue, the Court of Appeals issued Ruffin et. al. v ACIA on November 18, 2010. This case helps to clarify the Court's opinion that the attorney is not entitled to a fee if the payment to the service provider was a result of the provider's work directly with the insurer. However, it is still sound advice to notify the patient's attorney that their services are not wanted.

Ask Wayne

What if my home is not handicap accessible?

Few homes are originally built barrier-free or handicap accessible. Thus, most homes require modification to meet your needs if you are catastrophically injured. Ramps, lifts, emergency exits, bathroom facilities, accessible kitchens and much more may be needed. Should your injuries require special accommodation, your No-Fault insurer is obligated to pay for all reasonably necessary modifications. To read the actual statute identifying home modifications as a compensable benefit click here.

Testimonials

"Wayne Miller is one of the best lawyers in Michigan. I have worked with him on several matters and have been impressed on each and every one. His work ethic, attention to detail, and overall legal abilities are outstanding. If you are looking to retain one of the best attorneys in Michigan, I highly recommend and endorse Wayne Miller." - Prominent Michigan Attorney.

Miller & Tischler, P.C., represents survivors of catastrophic brain and spinal injuries, their families and their professional service providers who are having difficulty pursuing their entitlement to receive No-Fault benefits for injuries sustained in motor vehicle accidents. We help our clients understand how their No-Fault insurance may coordinate with other kinds of insurances they have whether it be private health insurance, Medicaid, Medicare, Workers' Compensation, or Veterans benefits. We also assist our clients in learning about and obtaining all of the benefits to which they are entitled, whether they be individuals or service providers.